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HomeMy WebLinkAboutF-3c - Request for Approval of Code 7 Settlement AgreementMEMORANDUM OFFICE OF THE CITY ATTORNEY July 2, 1985 BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 8 1985 APPROVED Agenda Item No. F-3 (c) To: Honorable Mayor and Members of the City Council From: Robert H. Burnham - City Attorney Re: REQUEST FOR APPROVAL OF CODE 7 SETTLEMENT AGREEMENT BACKGROUND "Code 7" is the term used to describe the meal period to which certain Newport Beach Police Department employees are entitled. In 1984 the California Supreme Court ruled that a city was obligated to pay overtime to compensate Police Department employees subject to any work related restrictions during the "Code 7" meal period [Madera Police Officers Association v. City of Madera (1984) 36 C.3d 4031. In response to this ruling, Staff and representatives of the Newport Beach Police Employees Association (NBPEA) have drafted an agreement to implement this recent ruling, resolve all past and present claims for overtime compensation, and prevent any future disputes relative to the City's "Code 7" rules, policies and practices. DISCUSSION The proposed "Code 7" Settlement Agreement is attached for your review. The significant provisions of the Agreement can be summarized as follows: 1. The basic work shift and work week for most uniformed peace officers and dispatchers will be increased to eight and one-half hours and forty-two and one-half hours, respectively; L] 2. Most uniformed peace officers and dispatchers, in consideration of the expanded work schedule, will receive a forty-five minute "Code 7" meal period and one-half day of paid time -off each month; 3. The work schedules of uniformed non -sworn personnel will be adjusted to include the "Code 7" meal period within the basic work shift; 4. Uniformed sworn personnel on eight and one-half hour work shifts will not be entitled to overtime compensation if called back to duty from "Code 7" status; 5. NBPEA will receive a lump sum payment equal to the overtime compensation that would have been paid from July 1, 1984 to June 30, 1985 to persons that may have been entitled to overtime compensation based upon restrictions applied to their "Code 7" meal period; 6. This lump sum payment is to be disbursed, on a pro rata basis, to all current and former employees who may have been entitled to receive "Code 7" overtime compensation during the period from July 1, 1981 through June 30, 1985 and NBPEA must obtain individual releases; 7. NBPEA and its members are releasing City, and its employees and officers, from any past, present or future claim based upon the City's "Code 7" rules, policies or practices. NBPEA also agrees to indemnify the City in the event of any claim, acknowledges the fairness of the current City "Code 7" policies as ammended by the Settlement Agreement, and has agreed to assist the City in defending any legal challenge to the City's "Code 7" policies or the Settlement Agreement. RECOM4IENDATION It is recommended that the City Council authorize the Mayor and City Clerk to execute the "Code 7" Settlement Agreement. overt H. t3ur ity Attorney